지방교육자치에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal by the prosecutor (the factual errors or misapprehension of the legal principles) is that the Defendant’s act of making a contribution to the F Scholarship Foundation on November 18, 2009 constitutes an act of contribution the illegality of which is sufficiently recognized, and that the act of making a contribution to the F Scholarship Foundation on December 23, 2009 constitutes an act of contribution where the illegality of such act is sufficiently recognized, the F Scholarship Foundation’s president’s granting of a certificate of contribution on December 23, 2009, and the granting of a certificate on behalf of the president of the F Scholarship Foundation on January 27, 2010 shall be deemed to be the Defendant’s contribution act. However, the lower court erred by misapprehending the legal doctrine on the subject of the contribution act and the grounds for exclusion of illegality, thereby
There is an error of law that acquitted the defendant on the ground that the defendant cannot be regarded as the subject of contribution in relation to the granting of each above scholarship certificate.
2. Determination:
A. The summary of the facts charged in this case is that the Defendant, who was in office as the superintendent of education of Gyeonggi-do from May 6, 2009 to June 2, 2010, intends to become a candidate for the superintendent of education of Gyeonggi-do at the time of the 5th local election of Dong-si, which was implemented on June 2, 2010, made a contribution act to the following persons and organizations in the relevant constituency:
(1) In the meeting room of the Gyeonggi-do superintendent of education on November 18, 2009, notwithstanding the absence of specific grounds or ordinances pursuant to the "the G Card Promotion Plan" established on April 16, 2009 by the former superintendent of education on April 16, 2009, the former H performed a contribution act by delivering 1.2 billion won (1.2 billion won (the sum of 6.77,655 million won) in the special account budget of the Do Council among the proceeds from the use of the special account budget or the personal card stored in cash other than the revenue and expenditure of 2008 and the cash other than the revenue and expenditure of 52,2350,000 won (the sum of 1.2 billion won (the sum of the revenue and expenditure of the Do Council) to the F Scholarship Foundation.
(2) December 2009.